Journal of the Senate

SECOND REGULAR SESSION


SECOND DAY--THURSDAY, SEPTEMBER 17, 1998


The Senate met pursuant to adjournment.

President Pro Tem McKenna in the Chair.

The Chaplain offered the following prayer:

Our Father in Heaven, help us to refrain from condemning in others what we condone in ourselves, from attempting to build ourselves up by tearing others down. Lead us to higher ground where mercy, understanding and love can be found. We are thankful for the teaching of Jesus to love our neighbor as ourself. In Jesus Name we pray. Amen.

The Pledge of Allegiance to the Flag was recited.

A quorum being established, the Senate proceeded with its business.

President Wilson assumed the Chair.

President Pro Tem McKenna assumed the Chair.

The Journal of the previous day was read and approved.

Senator Quick announced that photographers from the Senate and the Associated Press had been given permission to take pictures in the Senate Chamber today and requested unanimous consent that the rules pertaining to photographers be waived and that the Senate photographers be allowed to take pictures from the Senate floor, which request was granted.

The following Senators were present during the day's proceedings:

Present--Senators
Banks Bentley Caskey Childers
Clay DePasco Ehlmann Flotron
Goode Graves House Howard
Jacob Johnson Kenney Kinder
Klarich Lybyer Mathewson Maxwell
McKenna Mueller Quick Rohrbach
Russell Schneider Sims Singleton
Staples Westfall Wiggins Yeckel--32
Absent with leave--Senator Scott--1
Vacancies--1
The Lieutenant Governor was present.


RESOLUTIONS

Senator Bentley offered Senate Resolution No. 6, regarding Grant Stephen Bass, Springfield, which was adopted.

Senator Bentley offered Senate Resolution No. 7, regarding Ethan Scott Munzinger, Springfield, which was adopted.

Senator Bentley offered Senate Resolution No. 8, regarding Anthony Luke Zerwig, Springfield, which was adopted.

Senators Goode and Schneider offered Senate Resolution No. 9, regarding the death of Corrections Officer James Hopkins, Jr., which was adopted.

Senators Schneider and Goode offered Senate Resolution No. 10, regarding Corrections Officer Timothy T. Ishmon, which was adopted.

Senator Childers offered Senate Resolution No. 11, regarding Larry Frazier, Branson, which was adopted.

Senator Quick offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 12

BE IT RESOLVED by the Senate, that the Administrator of the Senate be and is hereby instructed to purchase and deliver to each Senator postage stamps not to exceed the value of eight hundred dollars ($800.00) and to take his or her receipt for the amount of postage stamps delivered, said stamps to be used by each Senator only for official business connected with his office, the expenses of same to be paid out of the contingent fund of the Senate.

Senator Wiggins offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 13

WHEREAS, Armour Heights Baptist Church was organized September, 1928 in the then newly developing part of southern Kansas City, Missouri with a congregation of 11 charter members; and

WHEREAS, Armour Heights Baptist Church began meeting in a storefront and purchased property in June, 1929 and has remained at that location until this day building three facilities and presently enjoys a worship center and education building; and

WHEREAS, Armour Heights Baptist Church serves as a meeting place for the community and community groups including the Waldo Neighborhood Association, the Ward Parkway Neighborhood Association and opened its doors to be a polling station for civil elections; and

WHEREAS, Armour Heights Baptist Church has through its history ministered in and to the people of the Kansas City area through both time of wars and peace, economic depression and prosperity, bad times and good times; and

WHEREAS, Armour Heights Baptist Church serves the Kansas City metropolitan area by ministering to the emotional, social, spiritual and mental needs of the community; and

WHEREAS, Armour Heights Baptist Church meets some of the physical needs of people by the collection of food for local food pantries, aids those in need of utility and living expenses, and has a variety of activities for children, youth, adults, and senior adults; and

WHEREAS, Armour Heights Baptist Church is actively engaged in beginning a new ministry to assist the community by developing an infant and toddler daycare center; and

WHEREAS, Armour Heights Baptist Church has not only limited its ministry to the local Kansas City area, but has linked with the Obol Baptist Church Vitebsk, Belarus; and

WHEREAS, Armour Heights Baptist Church continues to grow and remain in the Armour Heights section of Kansas City to fulfill its commitment to the neighborhood and community at large; and

WHEREAS, a church, such as Armour Heights Baptist Church, adds in a positive way to the culture of Kansas City, Missouri, and to the community and neighborhood in which the church is located; and

WHEREAS, Armour Heights Baptist Church has bettered the Kansas City, Missouri, community and culture through its Ministries;

NOW, THEREFORE, BE IT RESOLVED, on the 70th anniversary of the founding of Armour Heights Baptist Church, that Sunday, September 20, 1998, be declared Armour Heights Baptist Church Sunday; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare a properly inscribed copy of this resolution for Armour Heights Baptist Church.

Senators Russell, Childers and Westfall offered the following resolution, which was adopted:

SENATE RESOLUTION NO. 14

WHEREAS, the Missouri Fox Trotting Horse Breed Association marked its Fiftieth Anniversary this year from September 7 through September 12 during the Fortieth Annual Missouri Fox Trotting Show at the headquarters in Ava; and

WHEREAS, the Missouri Fox Trotting Horse Breed Association was officially charted in 1948 and was diligently led by men of great vision and foresight who realized the importance of promoting and preserving the Missouri Fox Trotting Horse Breed; and

WHEREAS, during the Golden Anniversary festivities in Ava, the Missouri Fox Trotting Horse Breed Association honored many members, past and present, with induction into the Hall of Fame; and

WHEREAS, such special honor was bestowed posthumously upon the original charter officials, who include Gorman E. Dye, Sr., Cal S. Neiman, Ralph Kerr, Homer D. Harley, Everett L. Hesterlee, Paul Comer, Ranse Gaston, Clyde Norman, Ernest Uhlmann, Claude H. Hibbard, John L. Dunn, Granville R. Prock, Ovle House, Paul David, and J. Bernie Lewis; and

WHEREAS, other active members also inducted posthumously were Eugene White, O. F. 'Fern' Nichols, Dale Wood, W. Ray Cannon, Joe Hinds, Ralph Hawkins, and Earl R. McCoy; and

WHEREAS, numerous men and women throughout Missouri were recognized for their leadership in the Association as promoters, sponsors, breeders, officers, and Board members, the induction of whom includes Don E. Freeman, Lawrence Barnes, Paul Thompson, Dale Esther, Everett Bucy, Kenneth Morrison, John Evans, Trellis Dewhirst, Rex Barham, Florine Barham, Don Crawford, and Rondo Prock; and

WHEREAS, thousands of horse owners, breeders, trainers, and riders throughout the nation have advanced the breed as more and more riders enthusiastically enjoy the smooth easy gait of the fox trotting horse, and the growth in the number of the breed has reached more than 55,000 registrations from 50 states and Europe; and

WHEREAS, the Missouri Fox Trotting Horse Breed is the first and only horse breed to originate in Missouri and to have its national headquarters in our state; and

WHEREAS, the Missouri Fox Trotting Horse breeders, owners, trainers, and riders have had a great economic impact on the Missouri economy through the growth of the breed and the increasing interest in pleasure trail riding and horse show events:

NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri Senate, Eighty-ninth General Assembly, join Governor Mel Carnahan in recognizing the week of September 7 as "Missouri Fox Trotting Horse Breed Week" as a tribute to those who have served the organization during the past half century and extend best wishes to the officers and directors for continued success in the years ahead; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare a properly inscribed copy of this resolution for the officers of the Missouri Fox Trotting Horse Breed Association.

Senator Schneider requested unanimous consent of the Senate to send forward the corrected copy of Senate Resolution No. 3, which request was granted.

SENATE RESOLUTION NO. 3

WHEREAS, the members of the Missouri Senate welcome the opportunity to recognize Mark McGwire, an outstanding athlete whose unique achievements have brought honor and distinction to himself, his team and the entire Show-Me State; and

WHEREAS, Mark McGwire had an illustrious career that included playing Little League for his dad, playing at the University of Southern California, and as a member of the 1984 United States Olympic team; and

WHEREAS, Mark McGwire's stellar performance energized Cardinal fans as a team with a glorious past whose owners, managers, staff and players have contributed to a "Field of Dreams" in the State of Missouri; and

WHEREAS, Mark McGwire has set many new records, becoming the first to hit three home runs in Busch Stadium in a single game and the first in major league history to have three consecutive fifty-homer seasons; and

WHEREAS, Mark McGwire's assault on Roger Maris's twenty-seven-year major league record, his pursuit of the record set by Josh Gibson in 1931 and his friendly competition with Sammy Sosa have captured America's imagination and reminded everyone of the joy and wonder of the game of baseball; and

WHEREAS, with class and dignity, Mark McGwire relentlessly pursued Roger Maris's record throughout the 1998 baseball season and broke the Major League record with 62 home runs on September 8, 1998, before 49,987 hometown fans, his son, players for the Chicago Cubs, the fans, and the entire country who were all united in jubilation; and

WHEREAS, Mark McGwire's special talents will have a lasting impact on the St. Louis Cardinals and their fans and will enhance the game for decades to come:

NOW, THEREFORE, BE IT RESOLVED that the flag of the state of Missouri shall annually fly over the Capitol on September 8th in honor of Mark McGwire in perpetuity; and

BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to send properly inscribed copies of this resolution to Mark McGwire and the St. Louis Cardinal baseball team.

MESSAGES FROM THE HOUSE

The following message was received from the House of Representatives through its Chief Clerk:

Mr. President: I am instructed by the House of Representatives to inform the Senate that the House has offered into and adopted HR 3.

HOUSE RESOLUTION NO. 3

BE IT RESOLVED, by the House of Representatives, that the Chief Clerk of the House inform the Senate that the House, having been duly convened as provided by Section 32, Article III of the Constitution, made no motions to override the Governor's vetoes on CCS for HB 1003, CCS for HB 1006, CCS for HB 1008, CCS for HB 1009, CCS for HB 1012, SCS for HCS for HB 1020, SCS for HS for HCS for HB 1434, SS for SCS for HS for HCS for HBs 1455 and 1463, SCS for HB 1880 and HB 1928 when the bills were called by the Speaker and that a motion to override the veto on HB 1744 was made and failed when the bill was called by the Speaker.

COMMUNICATIONS

President Pro Tem McKenna submitted the following:

MISSOURI SENATE

Jefferson City

July 27, 1998

The Honorable Mel Carnahan

Capitol Building

Jefferson City, Missouri 65101

Dear Governor Carnahan:

It is with heartfelt memories and with hopeful expectations of returning to a private life, I give my resignation as Senator of the Ninth District in Kansas City, effective July 31, 1998.

As I look back on my 26 years in public office, so many people, Senators, Representatives, and constituents have touched my life in positive ways. I am both fortunate and blessed to have been able to serve the people of Kansas City and Missouri.

Respectfully submitted,

/s/ Phil B. Curls Sr.

Senator Phil B. Curls, Sr.

Ninth District

Also,

September 8, 1998

Senator Ronnie DePasco

Missouri Senate

Capitol Building, Room 321

Jefferson City, MO 65101

Dear Senator DePasco:

Due to the resignation of Senator Phil Curls, effective immediately I am appointing you to serve as Chairman of the Senate Insurance and Housing Committee. I am hereby appointing myself to fill the vacancy on the committee.

Your willingness to serve the people of Missouri is appreciated.

Sincerely,

/s/ Bill

Bill McKenna

President Pro Tem

Also,



September 17, 1998

Ms. Terry Spieler, Secretary

Missouri Senate

Capitol Building, Room 325

Jefferson City, MO 65101

Dear Ms. Spieler:

I hereby appoint myself, Bill McKenna, as a member to the following committees to fill the vacancies created by the resignation of Senator Phil Curls: Appropriations, Elections, Pensions and Veterans' Affairs, Local Government and Economic Development and Public Health and Welfare.

If you have any questions or concerns please do not hesitate to contact me.

Sincerely,

/s/ Bill

Bill McKenna

President Pro Tem

Missouri Senate

On motion of Senator Quick, the Senate adjourned sine die pursuant to the Constitution.

ROGER B. WILSON

Lieutenant Governor



TERRY L. SPIELER

Secretary of Senate